What to Do If Your Loved One Is Killed in a Fatal Car Accident

When your loved is killed in a fatal car accident, it turns your world on its head. Between the grief and the shock, you’ll feel a range of emotions from anger to disbelief.

In 2018, around 40,000 Americans lost their lives on the road. Though it’s a subject no one wants to talk about, it’s important to know what steps to take when if you ever find yourself in this devastating situation.

Read on as we share what you can expect in the days ahead.

1. Find Representation

First things first. You shouldn’t handle the aftermath of a deadly car accident alone. If it was your loved one in the car, you deserve time to process your emotions, and you absolutely need a lawyer.

Partner with a law firm that specializes in personal injury and wrongful death cases. Don’t settle for a general practice lawyer or one who deals in real estate or business litigation. Only a wrongful death lawyer will know how to navigate this sensitive process.

2. Capture Witness Information

Wrongful death lawsuits can be expensive and difficult to prove. As such, you’ll need to amass as much evidence surrounding your case as possible.

While witnesses might have come forward at the time of the crash, it’s likely that the police report isn’t 100% accurate, especially if the witnesses didn’t stick around the scene.

In the days following the accident, you may receive phone calls, emails or social media messages from witnesses who saw the crash and can provide important details. Write all of their contact information down, including their name, email address and mailing address.

Your attorney may want to contact these people soon, before their memory fades or their contact information changes. This can help him build a clearer and more accurate accident case that can work in your favor.

3. Watch Your Tongue

Insurance agents aren’t trying to be insensitive; they only want to do their job. Still, you’ll likely field phone calls from those representing the at-fault party right after the wreck.

They’ll ask you questions, but guard your responses and don’t divulge any details. Down the road, they could use any statements you make against you to lower your payout.

If an insurance adjuster calls, tell them you have an attorney and will be in touch soon. Write down their name and phone number, along with the company name. Do this even if you haven’t hired a lawyer yet!

4. Hold Your Pen

In a similar vein, you might receive documentation in the mail from the insurance company of the at-fault motorist. However well-written the forms might be, understand that they aren’t exactly sympathy cards.

Often, agencies will send paperwork on behalf of their client, which could even include a form that would end the investigation immediately if you sign it. Resist the urge to sign the papers and be done with it.

Instead, save the papers and show them to your attorney as soon as possible. He or she can counsel you on the next steps to take and which forms to fill out (if any).

5. Understand the Will

While the lawyers and insurance companies are negotiating, you can go ahead and tend to your loved one’s last wishes.

In many states, there are two kinds of claims that you’ll file when a loved one dies as a result of someone else’s negligence. Let’s take a closer look at each.

Wrongful Death Claim

A wrongful death claim covers the full value of the deceased person’s life.

This can include his or her financial assets, as well as any non-economic factors at play. For instance, you can factor in the loss of love and companionship, as well as the loss of guidance that the loved one would have provided.

Estate Claim

Second, you can also file an estate claim. This allows you, along with other family members, to recoup some of the costs associated with the deceased person’s pain and suffering. This claim can cover funeral and burial expenses as well as hospital bills.

If you wish to file for punitive damages (e.g. to punish the wrongful party in the case of a DUI), the only party that can do so is the estate. If the deceased had a will, the executor of the will should handle that claim.

If there was no will present, the laws of intestacy apply. In this case, the will goes through probate court, where the law will determine who inherits the person’s assets.

6. Celebrate Your Loved One

Legalities, jargon, paperwork and processing aside, you need time to honor and celebrate your loved one.

Find time amid all of the administrative proceedings to plan and hold a funeral. Details will iron themselves out, and your lawyer will fight for your recovery rights. In the meantime, spend time with your family and share happy memories of the one you lost.

Getting Through a Fatal Car Accident

Though it can be a morbid and tricky topic to navigate, we all must understand how to act if a fatal car accident changes our lives forever.

Your most important step is to find a lawyer who will represent you in court and help you work through all of the complicated steps you’ll take next. You have enough of a burden to shoulder, and this shouldn’t be one of them.

Looking for more lifestyle news and advice? We have plenty, so check out the rest of our content. If you’re in the throes of grief, this article on how to cope with a friend’s death can help you through the sudden loss.

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